DIORIO v. HARRY et al
ORDER: 1. Judge Mehalchicks report and recommendation 23 is ADOPTED.2. Counts IV and V of the complaint 1 are DISMISSED. Leave to amend is granted.1 If Pltf desires to amend her complaint regarding Counts IV and V, she must do so within (14) days of the date of this order.3. This case is REMANDED to Judge Mehalchick for further proceedings. Signed by Honorable William W. Caldwell on 7/25/17. (ma)
UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
SUPERINTENDENT LAUREL R.
HARRY, et al.,
: CASE NO. 1:16-CV-1678
AND NOW, this 25th day of July, 2017, upon consideration of the report and
recommendation of Magistrate Judge Karoline Mehalchick (Doc. 23), filed on June 5,
2017, to which no objections were filed, and upon independent review of the record, it is
1. Judge Mehalchick’s report is ADOPTED.
2. Counts IV and V of the complaint (Doc. 1) are DISMISSED. Leave to
amend is granted. 1 If Plaintiff desires to amend her complaint regarding
Counts IV and V, she must do so within fourteen (14) days of the date of
3. This case is REMANDED to Judge Mehalchick for further proceedings.
/s/ William W. Caldwell
William W. Caldwell
United States District Judge
See Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007)
(explaining that in civil rights cases, leave to amend—even if not requested—should be given
unless amendment would be futile or granting leave would be inequitable).
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